The lawyer explained the consequences of limiting CTP payments to 400 thousand rubles.

In Russia, a change in the rules for CTP compensation is being discussed: insurance companies propose to fix the maximum amount of payments for property damage at the level of 400 thousand rubles. Ilya Rusyaev, a lawyer and founder of the Rusyaev Club business community, told Izvestia on March 16 about the possible consequences of such a reform.

"The Supreme Court has repeatedly confirmed that if an insurance company unlawfully refused repairs or violated deadlines, it can be charged for losses in excess of the limit, as well as a 0.5% penalty for each day of delay and a fine of 50% of the amount awarded," he explained.

According to the lawyer, it was this possibility of additional penalties that became the reason for the reform being discussed. Now car lawyers often buy out the right of claim from victims and, through the court, recover amounts from insurers significantly above the established limit.

At the same time, for bona fide car owners, a possible limitation of payments may mean a weakening of their position in disputes with insurers.

"If the insurer's entire liability is cut off at around 400,000 rubles, the victim's negotiating and judicial position against the insurance company will become weaker. Formally, for uncovered damage, you can contact the cause of the accident under art. 1072 of the Civil Code of the Russian Federation, but in practice it is longer, more difficult and less reliable than recovery from the insurer. Moreover, losses incurred due to violations by the insurer itself should not be automatically shifted to the cause of the accident," Rusyaev said.

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He also recalled that the current legislation retains the priority of car repairs over cash payments. Compensation is possible only in a number of cases stipulated by the CTP law.

"The procedure for protecting their rights for car owners remains the same. First, you must submit an application and a claim to the insurer, then contact the financial commissioner, and then to the court. This pre—trial CTP route is mandatory, and it works in practice," the lawyer concluded.

The head of the RSA, Evgeny Ufimtsev, announced on the same day that the Russian Federation was planning to stop payments on CTP above the limit of 400 thousand rubles. Only the victim or his legal representative will be able to receive compensation, which should reduce the schemes with car lawyers and increase the share of car repairs. These changes will be included in the draft law on the reform of in-kind compensation for CTP, which may come into force this year, with the support of the Central Bank.

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